August 2, 2018 8:09 a.m.
Ninth Circuit’s Sanctuary Cities Ruling
When President Trump took office, my wife had asked me how can he be beat? My answer was immediate: let the courts deal with it.
What I meant by that was a couple of things. For one, the constitutionality of laws are questioned all the time, whether by a President, a Governor, or Mayor. When in doubt, the courts will decide.
The other angle was take everything to court, hopefully nothing gets decided with a backlog of cases, and with a new President, all these cases get dismissed and finally we go back to normal.
Ninth Circuit Ruling on Sanctuary Cities and Federal Funding
Again, Trump lost in court, and again, it was by the legal thorn in his side, the Ninth Circuit.
Trump’s administration was back before the appellate court to deal with the issue of withholding funding from sanctuary cities. From day one, I think every lawyer in the country said that Trump’s Executive Order was unconstitutional, and the Ninth Circuit agreed.
Not only did the Ninth Circuit rule that taking away funding from sanctuary cities was unconstitutional, but the appellate court also prevented the Executive Order from being applicable nationwide. At stake was hundred of millions of dollars in federal funding.
“Absent congressional authorization, the administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals. The United States Constitution exclusively grants the power of the purse to Congress, not the president.” Chief Judge Sidney Thomas who penned the majority opinion.
If there was such a thing as a legal slap in the face, it would be those very words by Chief Judge Thomas.
Trump’s Executive Order prevented cities from receiving federal funding if they were not cooperating with immigration. Many cities opposed, arguing they were not an Immigration taskforce.
All this winning has me exhausted.
Alexander Hernandez, Esq.